barron v baltimore (1833) - Answers First case asking the court to use the bill of rights against the
states, court ruled that the BoR applies only to federal gov
hurtado v CA (1884) - Answers indicted via information--Court ruled that the due process clause
protects only principles which are fundamental to liberty, Hurtado's claim did not qualify, JMH Dissent
argued for full incorporation
Palko v CT (1937) - Answers Double Jeopardy case, established selective incorporation-- First time the
court allowed the idea of selective incorporation, but Palka's claim did not qualify
Reynolds v US (1879) - Answers Court ruled that one cannot use religion as a defense to the crime of
polygamy. Court ruled that religious practices that impair the public interest do not fall under the First
Amendment. It was an incidental interference.
Employment division v Smith (1990) - Answers The Court ruled that the state does not have to make
an exception to secular laws for religious groups, established the Smith Test/Rational Basis Test
Tandon v Newsom (2021) - Answers Modified the Smith test and added a MFN protection to religious
groups. Covid gathering regulations challenge
Fulton v Philly (2021) - Answers Court applied the MFN test, ruled that it was unconstitutional for the
adoption commissioner to make possible exemptions for some agencies but not for CSS
Abington v Schempp (1963) - Answers Bible readings in school for a moral lesson, students could opt
out, court ruled that there was not a true secular purpose, violation of establishment, shows that the
court does not take state purpose at face value
Lynch v Donnelly (1984) - Answers Court ruled that RI holiday display was not a violation of the
establishment clause because there was secular christmas content, and a valid secular interest
Santa Fe Independent School District v Doe (2000) - Answers school prayer before football games--
court ruled that the new policy was still aimed at the religious goal, not a true secular purpose
McCreary County v ACLU (2005) - Answers Hanging a framed copy of the Ten Commandments in a
Kentucky courthouse violated the Establishment Clause, even if they added secular images later, the
purpose was always to display the commandments as a religious doctrine
Van Orden v Perry (2005) - Answers TX monument with historical images including the
commandments is not a violation of establishment clause since the purpose was always secular
Edwards v Aguillard (1987) - Answers Court ruled invalid a law that required teaching of either both or
neither of evolution theory and creation theory because the result is advancing religion
Hosanna-Tabor v EEOC (2012) - Answers Court ruled that it is not a violation of establishment for
churches to be exempt from civic laws regarding employment of ministers. It is not an advancement
of religious interest.
Chicago, Burlington, and Quincy Railroad v Chicago - Answers the city claimed private land to expand
industrialization, but railroad owners were not given just compensation, and the court ruled that this
was a violation of the 5th amendment takings clause -- bound the states to that clause
Maxwell v Dow - Answers asked the court to find that the 5th and 6th amendments were violated by
UT provision for 8 person rather than 12 person jury, asked the court to incorporate those
amendments, court refused to do so
Twinning v NJ - Answers SC refused to incorporate the self-incrimination clause to the states, however
the SC opinion explicitly left the door open to future incorporation under the due process clause
Gitlow v NY - Answers incorporated the free speech and press provisions to the state, but upheld
Gitlow's arrest for communism -- one of the leaders of the socialist party
Adamson v CA - Answers court upheld the Palka decision and refused to incorporate self-incrimination
clause
Duncan v LA - Answers incorporated trial by jury for misdemanors to the state and claimed that the
6th amendment claim should be applied to the states via the 14th amendment
US V Carolene Products - Answers established a doctrine called "preferred freedoms" where the
burden of proof shifts to the government in cases alleging an infringement upon personal freedoms
by laws, and the government must prove it's the least restrictive option possible.
US v Ballard - Answers 1944 case established that as as long as a person accepted their beliefs in good
faith that it is not the government's authority to determine whether those beliefs are true.
Established sincerity as a factor in defining religion.
US v Seeger - Answers Court ruled that sincerity of belief was key for military religious exemptions,
and that belief need not be tied to an organized religion